Clean energy firm fights record federal fine by attacking regulator’s authority

A federal probe accuses Durham-based American Efficient of defrauding energy markets out of hundreds of millions while the company mounts a legal battle that could gut a key government watchdog.

Lisa Sorg reports for Inside Climate News.


In short:

  • FERC alleges that American Efficient falsely claimed energy savings in wholesale electricity markets, securing $490 million in revenue and facing a record $722 million in penalties.
  • The company’s defense includes constitutional challenges that question FERC’s very authority and could shift power over energy regulation toward the president.
  • PJM, the nation’s largest grid operator, has moved to exclude energy efficiency aggregators by 2026, threatening the company's future access to capacity markets.

Key quote:

“All sorts of civil servants … for at least 100 years have been understood to be shielded from arbitrary removal. So to say that FERC enforcement power is constitutionally suspect because the commission is independent seems to ignore both 10 to 20 years of Supreme Court precedent and also the current policies of the current administration.”

— Josh Macey, associate professor of law at Yale Law School

Why this matters:

Energy efficiency aggregators like American Efficient operate behind the scenes of the energy market, bundling small-scale electricity savings — say from more efficient refrigerators or LED lighting — and selling them as “negawatts,” or avoided energy use. In theory, this helps utilities reduce demand and curb emissions without building new power plants. But the savings claimed by these aggregators are notoriously difficult to verify. Critics warn that if those savings are inflated or based on shaky assumptions, ratepayers could be footing the bill for benefits that exist only on paper.

The stakes go beyond dollars and kilowatts. The Federal Energy Regulatory Commission, long considered an independent energy watchdog, has been facing mounting scrutiny under President Trump’s administration, which has signaled a deregulatory agenda. If FERC’s oversight weakens, companies may face less pressure to rigorously prove their emissions reductions, opening the door to market manipulation. That could erode public trust in a system meant to deliver cleaner air and a more resilient grid — especially as climate impacts grow harder to ignore.

Read more: Trump's approach to U.S. power grid could slow critical expansion

Climate change is accelerating health threats worldwide

Climate change is accelerating health threats worldwide

The Lancet Countdown - established in 2016 to annually assess the effects of climate change on health - released a ten year report and accompanying editorial.


In short:

  • For the first time, the report quantifies heat-related deaths attributable to climate change, estimated at about 370,000 a year. The past 11 years have been the hottest ever recorded.
  • The report examined 54 indicators of climate change-driven health impacts and found that many health threats had increased or accelerated over the past decade.
  • Populations least responsible for climate change are experiencing the highest impacts.


Key quote:

“Over the past 10 years, a strong evidence-based case has been made that responding to climate change could be the greatest health opportunity of the 21st century.”



Why this matters:

The report points out how fossil fuel interests are blocking progress on climate change. It tracks not only heat-related deaths, as mentioned above, but also other climate related effects on health caused by floods, landslides, droughts, viruses, and more. It also tracks improvements, for example, estimating that the transition to clean energy prevented 400,000 deaths in 2023 just through improved indoor air quality. Health professionals are trusted sources of information and can speak for policy change and action for a healthier future.


Related EHN coverage:


More resources: The Lancet Countdown on health and climate change


Source:

Romanello, Marina et al. (2026), The 2026 report of the Lancet Countdown on health and climate change: a decade of escalating health harms and a decisive moment for all. The Lancet.

Related editorial, Climate change and health: 10 years on, what next? The Lancet.

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